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A grand jury found Fierro did "intentionally, knowingly, or recklessly threaten William Livezey, Jr. with imminent bodily injury by causing the vehicle driven by said defendant to drive toward William Livezey, Jr., and did then use or exhibit a deadly weapon..."

The grand jury also found Fierro subjected Livezey "to an arrest that the defendant knew was unlawful."

He is charged with aggravated assault with a deadly weapon, official oppression and three counts of reckless driving. KTVT said Fierro was released on $85,000 bond.

Iowan Bill Livezey was pulled over by Fierro on Dec. 11 who was off-duty at the time. Authorities said witnesses told them Fierro was trying to run Livezey off the road.

The Navarro County Sheriff's Office told KCCI when their deputies arrived, Livezey said he was feeling ill and suffered a heart attack. Deputies took the handcuffs off and started CPR.

An ambulance transported Livezey to a nearby hospital where he was pronounced dead.

KTVT-TV reported that the Livezey family has hired an attorney to pursue the case.